Section 53A — Privacy Act 1988 (Cth)

(1) If the Commissioner makes a determination that applies in relation to a contracted service provider for a Commonwealth contract, the Commissioner:

(a) must give a copy of the determination to each agency:

(i) to which services are or were to be provided under the contract; and

(ii) to which the Commissioner considers it appropriate to give a copy; and

(b) may give such an agency a written recommendation of any measures that the Commissioner considers appropriate.

(2) The Commissioner may give an agency a recommendation only after consulting the agency.

(3) An agency that receives a recommendation from the Commissioner must tell the Commissioner in writing of any action the agency proposes to take in relation to the recommendation. The agency must do so within 60 days of receiving the recommendation.

Related sections

• s 52 — Determination of the Commissioner
• s 52A — Determination—requirement to notify conduct constituting interference with privacy of individual
• s 53 — Determination must identify the class members who are to be affected by the determination
• s 53B — Substituting an agency for a contracted service provider
• s 54 — Application of Division
• s 55 — Obligations of organisations and small business operators

Research how courts apply s 53A

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